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The Oregon Administrative Rules contain OARs filed through April 15, 2013 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 160
DRIVER TRAINING
735-160-0003
Purpose and Exemptions
(1) The purpose of chapter 735, division 160 rules is to outline the requirements for a Commercial Driver Training School Certificate pursuant to ORS 822.515 and a Driver Training Instructor Certificate pursuant to ORS 822.530.
(2) Except as provided in ORS 822.500(2) and section (4) of this rule a person must obtain a Commercial Driver Training School Certificate to operate, for consideration, a business or non-profit enterprise engaged in educating and training persons in the driving of motor vehicles, either practically or theoretically or both.
(3) Except as provided in ORS 822.525(2) and section (4) of this rule, a person must obtain a Driver Training Instructor Certificate if, for compensation, the person teaches, conducts classes, gives demonstrations to or supervises practice in the driving of motor vehicles. This section applies to persons acting on their own behalf, or acting as an operator of or on behalf of, any business, nonprofit enterprise, or school engaged in educating and training persons in the driving of motor vehicles, either practically or theoretically or both.
(4) The following persons are exempt from the requirement to obtain either a Commercial Driver Training School Certificate or a Driver Training Instructor Certificate.
(a) The operator of, or a person acting on behalf of, a business or non-profit enterprise engaged in educating and training persons for a profession;
(b) The operator of, or person acting on behalf of, an accredited secondary school, college or university; or
(c) A person that provides limited driver education or training for a specialized purpose.
(5) For purposes of ORS 822.500, 822.525 and this rule, the following are persons who provide limited driver education or training for a specialized purpose:
(a) A rehabilitation specialist engaged in evaluating, assessing or retraining drivers to compensate for a physical or mental condition or impairment.
(b) A provider of a DMV approved accident prevention course offered primarily for insurance discount purposes pursuant to ORS 742.490.
(c) A provider who teaches specialized driving skills to drivers of emergency vehicles as defined by ORS 801.260.
(d) An employee of a government entity, business, non-profit enterprise or school who provides defensive driving training or similar driver safety instruction to employees of the business, nonprofit enterprise or school who hold valid driver licenses.
(e) A person hired by, or contracting with, a government entity, business, non-profit enterprise or school who provides defensive driving training or similar driver safety instruction to employees of the government entity, business or nonprofit enterprise who hold valid driver licenses.
(f) A federal, state, county or city agency that provides driver safety training to members of the public who hold valid driver licenses, including, but not limited to teaching people how to drive in adverse weather conditions, a safe-driving program or a motorcycle safety program.
(g) A provider of off-the-highway instruction in the operation of off-road racing vehicles to persons holding valid driver licenses.
(h) A provider of off-the-highway instruction in the operation of off-road all terrain vehicles (ATVs).
(i) A provider of training conducted exclusively over the internet, if no classroom or behind-the-wheel training is conducted at any physical location in Oregon.
(j) A provider of driver improvement or similar driver safety instruction for the purpose of a court-order or for a court diversion program.
(k) An insurer, or person acting on behalf of an insurer, who provides defensive driving training or similar driver safety instruction for the purpose of reducing insurance premiums, not used to meet a DMV requirement.
(l) Providers of training conducted exclusively for currently licensed drivers who are taking the training to gain specific skills, not used to meet a DMV requirement.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.500 & 822.525
Stats. Implemented: ORS 822.500, 822.515, 822.525 & 822.530
Hist.: DMV 25-2005, f. 12-14-05 cert. ef. 1-1-06; DMV 18-2008, f. & cert. ef. 7-23-08
735-160-0005
Definitions
The following definitions apply to terms in chapter 735, division 160 rules.
(1) "Behind-the-wheel" instruction means the portion of the training that requires the student to be located in the automobile.
(2) "Cancellation" in regards to a School Certificate or Instructor Certificate means to declare a School Certificate or Instructor Certificate void with a new certificate obtainable only as defined in OAR 735-160-0115(12).
(3) "Code of Ethics and Rules of Conduct Violation" means any violation of the standards established by OAR 735-160-0130.
(4) "Commercial Driver Training School" or "School" means a privately or publicly owned driver training facility in Oregon that has been issued a School Certificate by DMV to provide student drivers behind-the-wheel instruction, classroom instruction or both, for a fee.
(5) "Commercial Driver Training School Operator" or "Operator" means the person designated on the School Certificate as the representative responsible for the operation of a Commercial Driver Training School certified by DMV.
(6) "Commercial Driver Training School Instructor" or "Instructor" means a person issued an Instructor Certificate by DMV who is an employee of a Commercial Driver Training School, and who teaches, conducts classes, gives demonstrations or supervises the practice of student drivers.
(7) "Corrected School Certificate" or "Corrected School" means a certificate issued based on an application submitted by an Operator to:
(a) Correct or change a school name or address; or
(b) Correct or change the person designated as the school's Operator.
(8) "Corrected Instructor Certificate" means a certificate issued based on an application submitted by an Instructor to:
(a) Correct or change the name or address of the school employing the Instructor; or
(b) Correct or change the Instructor's name.
(9) "DMV" means the Driver and Motor Vehicle Services Division of the Department of Transportation.
(10) "Employee" means an individual who may or may not provide services for the school for compensation. For purposes of these rules, this definition includes an independent contractor.
(11) "Instructor Certificate" means a certificate issued by DMV as provided in ORS 822.530 to a Commercial Driver Training School Instructor to provide, for a fee, student drivers behind-the-wheel instruction, classroom instruction, or both.
(12) "Instructor Card" means a Card issued to an Instructor certified by DMV as evidence of Instructor certification.
(13) "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, a territory or province of Canada, any state of the Republic of Mexico or the Federal District of Mexico or foreign government that has legal authority to issue driver licenses.
(14) "Permanent classroom facility" means a classroom used on a continuing, ongoing basis.
(15) "Revocation" means the termination of the authority granted under a School Certificate or an Instructor Certificate for a specified period, with a new certificate obtainable only as defined under 735-160-0115(11).
(16) "School Certificate" means a certificate issued by DMV as provided in ORS 822.515 to a Commercial Driver Training School Operator.
(17) "Student driver" means a person who is receiving classroom or behind-the-wheel instruction, or both, at a Commercial Driver Training School.
(18) "Supplemental School Certificate" means a certificate issued by DMV that authorizes a school to operate, under the same business name, at an additional business location that is 500 or more feet beyond any other authorized business location of the school. An additional business location includes a location where business records are kept and business activities are conducted but does not include a location where only instruction is provided.
(19) "Suspension" means the temporary withdrawal for a specified period of time of the authority to conduct business or perform instructional activities granted under a School Certificate or an Instructor Certificate.
(20) "Traffic crime" means a conviction under Oregon statute or city ordinance, or a comparable statute or city ordinance of any other jurisdiction, for any misdemeanor or felony involving the use of a motor vehicle that may result in a jail sentence.
(21) "Warning" means a written correction notice issued by DMV to the Operator or an Instructor of a Commercial Driver Training School that requires corrective action be taken as specified by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.515
Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0010
Commercial Driver Training School Operator Qualifications
(1) An Operator of the school must be at least 21 years of age and meet the qualification requirements of sections (2) through (7) of this rule.
(2) An Operator must not have a conviction for any of the following crimes:
(a) A traffic crime as defined by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction occurred more than five years preceding the date an application for a School Certificate or Corrected School Certificate is submitted to DMV;
(b) Kidnapping or custodial interference as defined in ORS 163.225 through 163.257;
(c) Any sexual offense, with or without force, any offense related to child pornography or any offense compelling or promoting prostitution;
(d) Any crime involving injury or threat of injury to another person;
(e) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or
(f) Any crime relating to the unlawful possession, use, sale, manufacture or distribution of controlled substances or alcoholic beverages.
(3) An applicant who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation or evidence of intervening circumstances since the conviction. DMV will determine if the intervening circumstances of the conviction are such that the conviction does not affect the person’s fitness to operate a Commercial Driver Training School.
(4) An Operator must not engage in conduct that is substantially related to the person’s fitness to be an Operator or that demonstrates unfitness and inability to perform the responsibilities of an Operator. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an Operator or poses a risk to the safety of others while performing those responsibilities.
(5) An Operator may not be the operator of any school in Oregon if a School Certificate issued to the operator is currently revoked for an offense described in OAR 735-160-0010(2). An Operator may not be the operator of any school in Oregon if a School Certificate issued to the Operator is currently suspended, revoked, canceled, or withdrawn unless the School Certificate is reinstated or is eligible and the Operator meets all eligibility requirements of OAR 735-160-0010.
(6) An Operator must not have been the operator of any school in another jurisdiction that has been suspended, revoked, canceled, or withdrawn for the same or a similar offense as described in OAR 735-160-0010(2) within five years preceding the date of application for a School Certificate or Corrected School Certificate. DMV will review the results of an operator’s criminal history to determine whether the offense is applicable.
(7) The criteria described in this rule apply to a current School Certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Operator fails to remain qualified as prescribed under this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.500, 822.515 & 822.530
Stats. Implemented: ORS 822.500 & 822.515
Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0010; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09
735-160-0011
Issuance of Commercial Driver Training School Certificate
(1) An Operator must apply for an original or renewal School Certificate pursuant to ORS 822.515 and must:
(a) Submit a completed application on a form or in a format provided or established by DMV;
(b) Meet the qualifications listed in OAR 735-160-0010;
(c) Submit a release authorizing DMV to obtain the Operator’s criminal history report. Criminal history records will only be used to determine Operator qualifications and may be used as evidence in any contested case hearing or appeal as described in section (6) of this rule. Such records will otherwise be kept confidential and not released to any person unless DMV determines a record, or any portion thereof, must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records law.
(d) Submit a School bond that complies with the requirements of ORS 822.505, on a form prescribed by DMV, and certify that a bond will remain in effect as long as the School Certificate is valid;
(e) Submit proof of insurance that complies with the requirements of ORS 822.510, on a form provided or established by DMV. The Operator shall certify that insurance will remain in effect as long as the School Certificate is valid;
(f) Submit the fee required under ORS 822.700; and
(g) Register the business name with the Secretary of State, Corporation Division and provide the registry number.
(2) The business location of the School must comply with the requirements of OAR 735-160-0020.
(3) Once issued, a School Certificate is not transferable to any other commercial driver training school.
(4) An Operator must submit to DMV a renewal application, supporting documents and payment for a School Certificate no later than the expiration date stated in ORS 822.515(4)(a). DMV will provide a grace period of 45 days for the application to be processed during which time the existing school certificate will remain valid. A renewal application that is received after the expiration date of the existing School Certificate will be treated as an application for an original School Certificate.
(5) DMV will not issue or renew a School Certificate if:
(a) The qualifications or requirements set forth in Chapter ORS 822 and OAR chapter 735 division 160 rules are not met; or
(b) DMV determines information contained in the application is false.
(6) If DMV refuses to issue or renew a School Certificate, DMV will notify the Operator in writing. The Operator may request a contested case hearing. The hearing shall be conducted in accordance with the applicable provisions of the Administrative Procedures Act, ORS 183.310 to 183.540 and is subject to the following:
(a) A request for hearing must be submitted in writing to and received by DMV within 20 days of the date the refusal notification is mailed to the Operator. DMV will not issue a School Certificate pending the outcome of the contested case hearing. If DMV refuses to renew a School Certificate, the expired School Certificate shall remain valid pending the outcome of the contested case hearing, unless the basis for the refusal is failure to provide or maintain a School bond or provide proof of insurance, as required, or DMV determines continued operation of the School would constitute a serious danger to the public health or safety.
(b) Failure to timely request a hearing constitutes waiver of the right to a hearing and no School Certificate will be issued or renewed until the requirements of ORS 822.500 to 822.515 and the OAR chapter 735, division 160 rules are satisfied.
(7) Failure to maintain any of the requirements as prescribed under this rule may result in a sanction as described in OAR 735-160-0115 of a School Certificate issued or renewed in accordance with this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.505, 822.510 & 822.515
Stats. Implemented: ORS 822.500, 822.510 & 822.515
Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09
735-160-0015
Commercial Driver Training School Operator Responsibilities
(1) An Operator shall:
(a) Notify DMV by mail or facsimile within 10 days (excluding weekends and state holidays) of any of the following:
(A) The location of any permanent classroom facility changes;
(B) The School goes out of business and ceases operations;
(C) The Operator no longer meets or maintains the qualifications set forth in OAR 735-160-0010;
(D) The School does not maintain the requirements set forth in OAR 735-160-0011;
(E) An Instructor whose employment with the school has terminated; or
(F) An Instructor employed by the school who no longer meets or maintains the qualifications, responsibilities or requirements set forth in OAR 735-160-0075, 735-160-0080, and 735-160-0095, including an explanation of why the Instructor no longer meets the qualifications, responsibilities, or requirements.
(b) File an application with DMV for a Corrected School Certificate within 10 calendar days if the name or address of the School changes or the School Operator's name changes. If the name of the School changes, the Operator must submit bond and insurance documents in the new business name within thirty (30) days;
(c) Make any and all business records, vehicles and facilities related to the operation of the school available for inspection by a DMV inspector in accordance with OAR 735-160-0030. DMV may conduct an inspection with or without prior notice to the school Operator;
(d) Establish procedures that reasonably insure no Instructor or student is under the influence of any intoxicant during classroom or behind-the-wheel instruction;
(e) Provide student with a copy of, or prominently display in a publicly accessible and conspicuous manner, a complaint procedure that includes DMV contact information;
(f) Comply with all statutes, administrative rules, and regulations related to the operation of a Commercial Driver Training School;
(g) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 735-160-0130;
(h) Authorize only a person that has been issued an Instructor Certificate, who is employed by the school, to provide classroom or behind-the-wheel instruction to a student driver;
(i) Notify DMV by facsimile or mail within 24 hours (excluding weekends and state holidays) of any:
(A) Notice of a civil legal action filed against the school, Operator or an Instructor which is related to school operations; or
(B) Criminal investigation, arrest or conviction for an offense described in OAR 735-0160-0010(2); and
(j) If requested, respond to DMV by mail or facsimile within 10 calendar days (excluding weekends and state holidays) to any complaint received by DMV.
(2) An Operator shall not:
(a) Falsify or tamper with any records;
(b) Act as a Commercial Driver Training Instructor unless the Operator has been issued an Instructor Certificate by DMV;
(c) Transfer a School Certificate to any other school or operator;
(d) Knowingly assist a person to fraudulently obtain driving privileges from DMV; or
(e) Permit an Instructor who works for the school to:
(A) Provide classroom or behind-the-wheel instruction to any student driver who is not enrolled in the school. This subsection does not apply to instruction given by an Instructor to his or her immediate family members;
(B) Conduct any behind-the-wheel instruction with any student driver not in possession of a valid driver license or instruction permit;
(C) Provide behind-the-wheel instruction to any student driver on a driving route specifically used by DMV to test applicants for Oregon driving privileges;
(D) Provide questions and answers that are identical to a DMV knowledge test during classroom training; or
(E) Allow any instructor who does not have current, valid driving privileges to conduct behind-the-wheel instruction.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.505, 822.510, 822.515 & 822.530
Stats. Implemented: ORS 822.505, 822.510 & 822.515
Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0020
Location and Advertising
(1) No School shall have a business location closer than 1,500 feet to any DMV office, unless it has continuously operated in that location prior to the opening of the DMV office.
(2) No school shall provide classroom or behind-the-wheel instruction, and be operated from a liquor store, bar, tent, temporary stand, temporary address, mailing service, or through a telephone answering service.
(3) Every school shall have a business location in Oregon having at least one structure where records required to be maintained are kept and made available for DMV inspection. The business location must be listed on the School Certificate.
(4) A Commercial Driver Training School with more than one business location must apply, on a form supplied by DMV, and be issued a Supplemental School Certificate for each additional business location not listed on the School Certificate. A supplemental business location must be 500 or more feet from any other business location of the school and must operate under the same business name as that listed on the School Certificate.
(5) If the business location changes, the School must be issued a Corrected School Certificate before business may be conducted at the new location. If the name of the school changes, the school must obtain a Corrected School Certificate and Corrected Supplemental School Certificate for each business location before business may be conducted under the new name.
(6) A copy of the Oregon Vehicle Code and the Oregon Administrative Rules relating to driver licensing must be maintained at each business location and supplemental business location of the school and must be made available for view by the public upon request.
(7) The following advertising practices must be followed:
(a) No advertisement, publication, employee or other person affiliated with the school shall indicate or imply that enrollment in the school guarantees issuance of driving privileges;
(b) No employee or other person affiliated with the school shall solicit business or cause business to be solicited on its behalf or display or distribute any advertising material within 1,500 feet of any DMV office, unless the business location of the school is within 1,500 feet as authorized under section (1) of this rule;
(c) School forms, agreements, advertising and business premises signs may say: "This school is certified by the State of Oregon." There shall be no suggestion, either express or implied, in any form, agreement, advertisement, publication, business solicitation, or business sign that the school is endorsed or recommended by the State of Oregon or any agency of the State;
(d) Only the business location or supplemental business location address as it appears on the School Certificate or Supplemental School Certificate may be included in any advertisement or business solicitation;
(e) No advertisement, publication, or business solicitation shall be false, deceptive, or misleading and no employee or other person affiliated with the school shall disseminate false, deceptive, or misleading information about the school or authorize others to do the same;
(f) Only the school name as it appears on the current School Certificate may be used in any publication, form, advertisement, business solicitation, or sign; and
(g) No advertisement, publication, employee, or other person affiliated with the school shall knowingly encourage persons who are not domiciled in or residents of Oregon to apply for Oregon driving privileges.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515
Stats. Implemented: ORS 822.515
Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0030
Commercial Driver Training School Records
(1) The records of all student drivers enrolled in any class or course offered by the school must be retained as set forth in this rule, including the records of those student drivers who withdrew or were terminated from the school.
(2) A student driver record must contain, but is not limited to the following:
(a) The complete name of the student driver;
(b) The driver license or instruction permit number of the student driver and the name of the state that issued the license or permit if available;
(c) The name and Instructor Certificate number of each Instructor who provided training;
(d) Number of hour(s), date(s) of service, and type of training (behind-the-wheel or classroom) participated in by the student driver;
(e) All written contracts or agreements, signed by the student driver; and
(f) A copy of the school grievance procedure for handling student or parent complaints, unless grievance procedure is posted in accordance with 735-160-0015(1).
(3) The records of all school instructors, including current and past instructors must be retained as set forth in this rule. An instructor record must contain:
(a) The instructor's driver license number, date(s) of employment with the school, job application or resume; and
(b) A copy of the Instructor Certificate issued by DMV to the instructor.
(4) Maintain a monthly listing containing information from OAR 735-160-0030(2)(a), (b), (c) and (d) (above) for students that participated in driver training. This list must be made available to DMV upon request.
(5) The original student driver records, instructor records and any records documenting compliance with any statutes or administrative rules must be maintained as originals in paper format or electronically for a period of three years at the business location, or may be kept at a supplemental business location certified by DMV if the records relate to student drivers or instructors at the supplemental location. For good cause shown or upon a showing of a business necessity, DMV, in its sole discretion, may authorize an operator to maintain the school records at another location within the State of Oregon.
(6) Instructor records must be maintained permanently for current employees. After employee separation, instructor records must be kept for an additional three years after the separation date.
(7) All records must be made available to DMV within 5 (five) business days of request, excluding weekends and state holidays.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515
Stats. Implemented: ORS 822.515
Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0020; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0035
Inspection and Investigation
(1) DMV will periodically inspect a school to determine it is complying with all laws and administrative rules pertaining to Commercial Driver Training Schools, including Instructor certification and operation requirements.
(2) All records subject to this rule must be available for inspection by an authorized representative(s) of DMV. DMV may conduct a random inspection of the business premises, records, or equipment of a School to review compliance with Oregon statutes and administrative rules. Although DMV will normally arrange an appointment prior to inspection, no notice may be given to the Operator prior to the random inspection. The Operator must consent to and fully cooperate with the inspection.
(3) Inspections may include examination of:
(a) All student driver records regardless of whether the student driver completed or failed to complete the school's driver training program;
(b) The records of current or former Instructors employed by the school;
(c) Any motor vehicles used for training student drivers, to ensure that the vehicles meet the equipment standards of OAR 735-160-0040;
(d) Any curriculum and instructional materials used to teach or demonstrate how to drive; and
(e) Those facilities, records, or equipment DMV deems necessary to inspect, in its discretion, to ensure that the School is complying with all applicable provisions of law.
(4) Refusal to permit DMV to conduct an inspection shall result in a sanction imposed pursuant to OAR 735-160-0125.
(5) DMV may investigate any complaint it receives about an Operator or Instructor. The Operator and school employees must cooperate with DMV during the investigation. If requested by DMV, the Operator must provide a written response to the complaint within 10 calendar days (excluding weekends and state holidays) to DMV by either mail or facsimile from the date DMV notifies the operator of the complaint.
(6) DMV shall prepare a written report of each inspection and investigation. A copy of the DMV report, including any sanction or corrective action, will be sent to the Operator.
(7) Correct any deficiency identified by a DMV inspector during an on-site inspection, within 30 calendar days of the date the inspection report requiring corrective action is issued by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.515
Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0040
Vehicle Equipment
(1) Any motor vehicles owned or leased by a School for behind-the-wheel instruction must:
(a) Be equipped with dual controls. Dual controls consist of:
(A) A foot brake control for both the student driver and the instructor, connected either by mechanical or hydraulic means; and
(B) A clutch control connected either by mechanical or hydraulic means if the vehicle is equipped with a manual transmission.
(b) Be maintained in safe mechanical and physical condition;
(c) Meet the safety equipment standards of the Oregon Vehicle Code, as provided in ORS Chapter 815;
(d) Be equipped with safety belts that meet the standards required under ORS 815.055 and OAR 735-102-0000, for each person in the vehicle;
(e) Have all equipment functioning properly;
(f) Be properly registered in compliance with the laws of Oregon;
(g) Be covered by at least the minimum insurance requirements established under ORS 822.510; and
(h) Be equipped with the following emergency equipment:
(A) Fire extinguisher;
(B) First aid kit; and
(C) Three flares or three red emergency triangles.
(2) Motorcycles or mopeds are not required to comply with subsections (1)(a), (d) and (h) of this rule.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515
Stats. Implemented: ORS 822.515
Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0025; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0050
Curriculum Standards and Courses for Commercial Driver Training School Program
(1) The curriculum standards established in sections (2) and (3) of this rule will have the goal of proper training of student drivers to provide maximum safety for all persons who travel or otherwise use the public highways, and to reduce traffic violations and traffic crashes.
(2) Classroom training may include, but need not be limited to, instruction on:
(a) Knowledge of Oregon motor vehicle statutes and administrative rules related to the operation of a motor vehicle on public highways and premises open to the public;
(b) Safe driving practices;
(c) Driving techniques for different types of roads and road surfaces, and for safe driving near pedestrians, trains, and other vehicles including, but not limited to, cars, trucks, bicycles, and motorcycles;
(d) Driver responsibility including, but not limited to, automobile maintenance, insurance, use of safety belts and child restraints, passenger safety, and the implied consent laws;
(e) Defensive driving practices and techniques;
(f) How the laws of physics affect driving;
(g) How a driver's physical, emotional, and psychological condition affects driving ability;
(h) How driver use of alcohol, drugs, inhalants, or other substances affect driving ability; and,
(i) Dealing with emergency situations and vehicle malfunctions while driving.
(3) Behind-the-wheel instruction may include, but need not be limited to, instruction on:
(a) Operation of vehicle controls;
(b) Performing vehicle maneuvers such as starting, stopping, lane changes, backing, braking, parking, steering, and turning a vehicle under a variety of traffic conditions;
(c) Managing space around the vehicle by adjusting speed and position to avoid conflicts and reduce risk;
(d) Processing traffic and vehicle information into speed and position changes based on visual skills, space management, vehicle speed control, and control of road; and
(e) Precision movements for maintaining vehicle control and balance in expected and unexpected situations based on vehicle speed control, vehicle balance, collision avoidance, traction control, response to mechanical failures, and traction loss.
(4) During any behind-the-wheel instruction session, the following safety requirements must be met:
(a) Only the student driver operating the vehicle and the instructor shall be seated in the front seats of the vehicle; and
(b) All vehicle occupants shall use safety belts at all times while in the vehicle.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515
Stats. Implemented: ORS 822.515
Hist.: MV 43, f. & ef. 12-8-69; Administrative Renumbering 3-1988, Renumbered from 735-051-0030; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0075
Commercial Driver Training School Instructor Qualifications
(1) No person will teach, conduct classes, give demonstrations to, or supervise the practice of student drivers for compensation unless he or she is issued an Instructor Certificate by DMV.
(2) To be eligible for an Instructor Certificate, or to renew or maintain an Instructor Certificate, a person must:
(a) Be at least 21 years of age to conduct behind-the-wheel training and age 19 to conduct classroom training;
(b) Be an employee of a School that holds a valid and current School Certificate issued by DMV;
(c) Have valid Oregon driving privileges, or valid driving privileges from another jurisdiction if the instructor only conducts classroom training, and have had valid driving privileges for at least three years preceding the date an application is submitted to DMV for an Instructor Certificate. To be valid, driving privileges must not be suspended, revoked, canceled, or otherwise withdrawn for a violation of a traffic crime described in OAR 735-160-0005(20) and ORS 801.545. For purposes of these OAR 735 division 160 rules, a hardship or probationary permit does not constitute valid driving privileges. An Instructor who has not held Oregon driving privileges for the three year period may be required to submit a certified driving record from any jurisdiction or foreign government that issued driving privileges during that period;
(d) Not have a conviction for any of the following crimes:
(A) A traffic crime as defined by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction occurred more than five years preceding the date an application for an Instructor Certificate is submitted to DMV;
(B) Kidnapping or custodial interference as defined in ORS 163.225 through 163.257;
(C) Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution;
(D) Any crime involving injury or threat of injury to another person;
(E) Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or
(F) Any crime relating to the unlawful possession, use, sale, manufacture, or distribution of controlled substances or alcoholic beverages;
(e) Not engage in conduct that is substantially related to the person’s fitness to be an Instructor or that demonstrates unfitness and inability to perform the responsibilities of an instructor. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an instructor or poses a risk to the safety of others while performing those responsibilities; and
(f) Have received a passing score on both the written knowledge test and drive test described in OAR 735-160-0100. If the instructor only conducts classroom training the drive test is not required.
(3) A person is not eligible for an Instructor Certificate, and will not be allowed to renew or maintain an Instructor Certificate if:
(a) The person has a physical or mental condition or impairment affecting the person’s ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle;
(b) The person’s vision in both eyes, with or without corrective lenses, does not meet a minimum acuity of 20/40. Corrective lenses do not include bioptic telescopic lenses; If the instructor only conducts classroom training there is no vision requirement that must be met.
(c) The person’s driving privileges are revoked as a habitual offender under ORS 809.600 or any equivalent action in another jurisdiction. This section shall apply if the instructor’s driving privileges were revoked as a habitual offender and have not been restored under ORS 809.660 or its equivalent in another jurisdiction at least five years prior to the date an application for an Instructor Certificate or Corrected Instructor Certificate is submitted to DMV;
(d) The person is enrolled or participating in a DUII diversion program including an equivalent diversion program in another jurisdiction. This section will apply if the person was enrolled or participated in a diversion program anytime within the five years preceding the date an application for an Instructor Certificate is submitted to DMV;
(e) The person has had a suspension of driving privileges under a driver improvement program, including an equivalent driver improvement program in another jurisdiction. This section will apply if the suspension occurred within the last three years preceding the date an application for an Instructor Certificate is submitted;
(f) The person refuses to take a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section will apply if the person refused a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;
(g) The person fails to pass a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section will apply if the person fails a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;
(h) An Instructor must not be an instructor at any school in Oregon whose School Certificate is currently revoked, canceled, or withdrawn unless the Operator has completed the terms of their sanction according to OAR 735-160-0125 and meets all eligibility requirements of 735-160-0075; or
(i) An Instructor must not have an Instructor Certificate that is suspended, revoked, canceled, or withdrawn or a similar sanction in another jurisdiction on the date the application for an Instructor Certificate is submitted to DMV.
(4) An applicant who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation or evidence of intervening circumstances since the conviction. DMV will determine if the intervening circumstances of the conviction are such that the conviction does not affect the person’s fitness to be an Instructor.
(5) An applicant who has been suspended as described in section (3)(e) of this rule may include an explanation or evidence of intervening circumstances since the suspension. DMV will determine if the intervening circumstances of the suspension are such that the suspension does not affect the person’s fitness to be an Instructor.
(6) DMV may request additional information from an applicant who has been convicted of one of the crimes listed in section (2) of this rule. Additional information may include, but is not limited to, documentation regarding the intervening circumstances of the conviction. DMV will determine if the intervening circumstances of the conviction are such that the conviction does not affect the person’s fitness to be an Instructor.
(7) The criteria described in this rule apply to a current Instructor Certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Instructor fails to remain qualified as prescribed under this rule.
Stat. Auth.: ORS 184.616, 814.619, 802.010 & 822.530
Stats. Implemented: ORS 822.530
Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09
735-160-0080
Issuance of Commercial Driver Training School Instructor Certificate
(1) An applicant must apply for an original or renewal Instructor Certificate pursuant to ORS 822.530 and must:
(a) Submit a completed application on a form or in a format provided or established by DMV;
(b) Meet the Instructor qualifications listed in OAR 735-160-0075;
(c) Pass the knowledge and drive test requirement in accordance with OAR 735-160-0100; If the instructor only conducts classroom training the drive test is not required.
(d) Submit a release authorizing DMV to obtain the applicant’s criminal history report. Criminal history records will only be used to determine instructor qualification and may be used as evidence in any contested case hearing or appeal as described in section (6) of this rule. Such records will otherwise be kept confidential and not released to any person unless DMV determines a record, or any portion thereof, must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a court orders disclosure in accordance with the Public Records Law.
(e) Submit the fee required under ORS 822.700; and
(f) Possess and maintain a current and valid Oregon driver license, or valid driving privileges from another jurisdiction if the instructor only conducts classroom training
(2) An Instructor must submit to DMV a renewal application, supporting documents and payment for an Instructor Certificate no later than the expiration date stated in ORS 822.530(4)(a). DMV may provide a grace period of 45 days for the application to be processed during which time the existing school certificate will remain valid. A renewal application that is received after the expiration date of the existing Instructor Certificate will be treated as an application for an original Instructor Certificate.
(3) DMV will not issue or renew an Instructor Certificate if:
(a) The qualification or requirement set forth in Chapter ORS 822 and OAR chapter 735, division 160 rules are not met; or
(b) DMV determines information contained in the application is false.
(4) If DMV refuses to issue or renew an Instructor Certificate, DMV will notify the Instructor in writing. The Instructor may request a contested case hearing. The hearing shall be conducted in accordance with the applicable provisions of the Administrative Procedures Act, ORS 183.310 to 183.540 and is subject to the following:
(a) A request for hearing must be submitted in writing and received by DMV within 20 days of the date the refusal notification is mailed to the Instructor. DMV will not issue an Instructor Certificate pending the outcome of the contested case hearing. If DMV refuses to renew an Instructor Certificate, the expired Instructor Certificate shall remain valid pending the outcome of the contested case hearing; and
(b) Failure to timely request a hearing constitutes waiver of the right to a hearing and no Instructor Certificate will be issued or renewed until the requirements of ORS 822.500 to 822.515 and OAR chapter 735, division 160 rules are satisfied.
(5) Failure to maintain any of the requirements as prescribed under this rule may result in a sanction as described in OAR 735-160-0115 of an Instructor Certificate issued or renewed in accordance with this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0005; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09
735-160-0095
Commercial Driver Training School Instructor Responsibilities
(1) An Instructor shall:
(a) Meet and remain in compliance with the Instructor qualifications set forth in OAR 735-160-0075;
(b) Provide student driver training that meets the curriculum requirements set forth in OAR 735-160-0050;
(c) Accurately complete all applicable student driver records required under OAR 735-160-0030;
(d) Adhere to the Code of Ethics and Rules of Conduct set forth in OAR 735-160-0130;
(e) Comply with all statutes, administrative rules and regulations relating to acting as an Instructor;
(f) Keep a copy of the Instructor Certificate at the school in the Instructor's record and make available for view upon request by the public;
(g) Carry the Instructor's card at all times while providing instruction;
(h) Notify DMV by mail or facsimile within 24 hours, excluding state holidays or weekends of any:
(A) Notice of civil legal action filed against the instructor related to acting as an instructor; or
(B) A criminal investigation, arrest or conviction for an offense described in OAR 735-160-0075(2)(d); and
(C) If requested, respond to DMV in writing or by facsimile or mail within 10 calendar days (excluding weekends and state holidays) to any complaint received by DMV.
(2) An Instructor shall not:
(a) Falsify or tamper with any records;
(b) Transfer his or her Instructor Certificate or card to any other person;
(c) Knowingly assist a person in fraudulently obtaining driving privileges from DMV;
(d) Provide classroom or behind-the-wheel instruction to any student driver who is not enrolled in the school. This subsection does not apply to the Instructor's immediate family members;
(e) Allow any student driver to operate a motor vehicle without a valid driver license or instruction permit;
(f) Provide behind-the-wheel instruction to any student driver on a driving route specifically used by DMV to test applicants for Oregon driving privileges;
(g) Provide questions and answers that are identical to a DMV knowledge test during classroom training;
(h) Allow any student driver to participate in classroom instruction or behind-the-wheel instruction if the Instructor has reason to believe the student driver is under the influence of an intoxicant;
(i) Provide classroom instruction or behind-the-wheel instruction if the Instructor is under the influence of an intoxicant; or
(j) Act as an Instructor without a valid Oregon driver license.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.525 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0100
Commercial Driver Training School Instructor Testing
(1) The written examination required by OAR 735-160-0080 for an Instructor shall consist of questions about:
(a) The Oregon Vehicle Code;
(b) Safe driving practices;
(c) The operation of motor vehicles; and
(d) The methods and requirements for instructing student drivers under OAR 735-160-0050.
(2) The driving test required by OAR 735-160-0080 shall examine the applicant's ability to drive consistent with the standards established by ORS 807.070(3) and OAR 735-160-0050.
(3) Each applicant shall be given a maximum of three opportunities in one year to pass the knowledge test or the drive test in accordance with OAR 735-160-0100(4) and (5).
(4) Applicants who fail the drive test on the first attempt must wait at least seven calendar days before taking a second drive test. Individuals who fail the drive test on the second attempt must wait 14 calendar days before taking a third drive test. Applicants who fail the third drive test must wait one year from the date of taking the third drive test.
(5) Applicants who fail the knowledge test on the first attempt must wait at least seven calendar days before taking a second knowledge test. Individuals who fail the knowledge test on the second attempt must wait 14 calendar days before taking a third knowledge test. Individuals who fail the third knowledge test must wait one year from the date of taking the third knowledge test.
(6) Applicants must receive a passing score of 85 percent or higher on the written knowledge test described in OAR 735-160-0100(1) and a passing score of 90 percent or higher on the drive test described in OAR 735-160-0100(2).
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-052-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0110
Instructor Certificate Issuance, Correction, Surrender, and Replacement
(1) DMV will issue an Instructor Certificate and Instructor's card to an applicant who has met all the requirements of OAR 735-160-0075 through 735-160-0100. The name of the school employing the applicant shall be included on the Instructor Certificate and Instructor's card.
(2) An Instructor Certificate and Instructor's card are not transferable.
(3) An instructor must obtain a corrected Instructor Certificate and Instructor card when:
(a) The name or address of the school currently employing the instructor changes or is incorrect; or
(b) The instructor's name changes or is incorrect.
(4) At the time employment with the school ends, the instructor's original Instructor Certificate and Instructor card must be surrendered to the school. Within 10 calendar days of surrender, the school must return the original Instructor Certificate and Instructor card to DMV.
(5) DMV will issue a replacement Instructor Certificate if the Instructor Certificate or Instructor's card has been lost, mutilated or destroyed.
(6) To apply for replacement or correction of an Instructor Certificate or Instructor's card, the instructor must:
(a) Submit a written request to DMV; and
(b) Clearly explain the reason for the request.
Stat. Auth.: ORS 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV. 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-8; Administrative Renumbering 3-1988, Renumbered from 735-052-0110; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0115
Commercial Driver Training School and Instructor Sanctions
(1) DMV will impose sanctions when it determines a School or an Instructor has violated provisions of the Motor Vehicle Code, or administrative rules promulgated by DMV.
(2) DMV will impose a sanction appropriate for the particular violation. In determining an appropriate sanction, DMV may use the matrix outlined in OAR 735-160-0125 as a guideline and may consider the following criteria:
(a) The severity of the violation or its impact on the safety of the public;
(b) The number of similar or related violations;
(c) Whether the violations were willful or intentional; and
(d) The history of prior sanctions imposed by DMV.
(3) DMV will impose sanctions when it determines violations have occurred or are occurring. These may include one or more of the following:
(a) A written warning, including correction notices;
(b) Suspension of the School Certificate and the right to apply for a School Certificate for up to one year;
(c) Suspension of the Instructor Certificate and the right to apply for an Instructor Certificate or renewal of an Instructor Certificate for up to one year;
(d) Revocation of the School Certificate and the right to apply for a School Certificate or renewal of a School Certificate for up to five years;
(e) Revocation of the Instructor Certificate and the right to apply for an Instructor Certificate or renewal of an Instructor Certificate for up to five years.
(4) DMV may cancel, suspend or revoke a School Certificate or an Instructor Certificate if the school, the operator or the instructor fail to maintain the eligibility requirements under ORS 822.500 to 822.535 and these OAR division 160 rules.
(5) An Operator or Instructor whose certificate has been suspended, revoked, or cancelled is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.
(6) When DMV takes action to suspend, revoke or cancel a School Certificate DMV will send notice to the Operator listed on the School Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current school address on record with DMV.
(7) When DMV takes action to suspend, revoke or cancel an Instructor Certificate DMV will send notice to the Instructor listed on the Instructor Certificate. The notice will be in writing and state that the suspension, revocation, or cancellation will begin either in five calendar days (for an immediate suspension or cancellation) or in 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the current school address on record with DMV.
(8) Except as provided for in section (9) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 days of the date of the notice. If a hearing request is received in a timely manner the suspension, revocation or cancellation will not go into effect pending the outcome of the hearing, unless the certificate is immediately suspended or cancelled.
(9) If the certificate is immediately suspended or cancelled as set forth in OAR 735-160-0125, the request for hearing shall be submitted in writing to, and received by, DMV within 90 days of the date of notice of suspension. The suspension or cancellation shall remain in effect pending the outcome of the hearing.
(10) Except as provided in OAR 137-003-0003, when no request for a hearing is received by the deadline, the Operator or Instructor has waived the right to a hearing, DMV's file shall constitute the record of the case, and a default order shall be issued by DMV.
(11) If a School Certificate or Instructor Certificate has been revoked, the Operator or Instructor may reapply for an original certificate after a period of revocation of five years and must meet all the requirements for the certificate.
(12) If the School Certificate or Instructor Certificate is cancelled, the Operator or Instructor may reapply for an original certificate when they have met all of the requirements for a certificate and fees are paid in accordance with ORS 822.700.
(13) At the end of a suspension period, DMV will reinstate the School Certificate or Instructor Certificate unless the certificate has expired or the Operator or Instructor does not meet the qualification requirements for the certificate. If the certificate has expired, the operator or instructor must reapply for an original certificate, must meet all the requirements for new certification, and pay fees in accordance with ORS 822.700.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530
Stat. Implemented: ORS 822.515
Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 14-2007, f. & cert. ef. 12-24-07
735-160-0125
Sanctions
DMV adopts the following matrix of sanctions for School Operator and Instructor violations. As used in this rule, an offense will be considered a second or subsequent offense if it occurred within three years from the date the operator or instructor was notified in writing of the occurrence of the same or a substantially similar offense in another jurisdiction. DMV will not sanction as a second or third/subsequent offense if more than three years have passed from the date of the previous violation for the same or similar offense. [Table not included. See ED. NOTE.]
[ED. NOTE: Tables referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 814.619, 802.010, 822.515 & 822.530
Stat. Imp.: ORS 822.515 - 822.530
Hist.: DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09
735-160-0130
Code of Ethics and Rules of Conduct
(1) Each Operator and each Instructor accepts the responsibilities and requirements of the driver training profession. Each Operator and Instructor must adhere to the highest ethical standards of professional conduct.
(2) To fulfill their obligations to the public and to DMV, the Operator and Instructor shall:
(a) Recognize that the instruction and training of student drivers is a position of trust;
(b) Exhibit competence and wisdom in conducting professional responsibilities;
(c) Uphold and obey the law, including but not limited to the provisions of the Motor Vehicle Code; and
(d) Maintain and uphold the highest educational standards possible for instructing and training student drivers.
(3) Rules of Conduct. An Operator and Instructor will not engage in or knowingly allow any owner, officer, agent, director, manager, or employee of a School to engage in any of the following:
(a) Assist or knowingly allow a student driver to fraudulently obtain driving privileges for which the student driver is ineligible or has not qualified;
(b) Discriminate against a student driver because of race, religion, national origin, disability, age, sex, or sexual orientation;
(c) Have sexual contact with, or request sexual contact from, a student driver. For purposes of this section, "sexual contact" means:
(A) Sexual intercourse; or
(B) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party;
(d) Make sexual advances either verbally or physically or request sexual contact from any student driver, whether directly, indirectly or by innuendo;
(e) Use physical force or a threat of physical force against a student driver, unless such force or threat is necessary to avoid immediate danger to the safety of the student driver, the Operator or Instructor, employees of the school, passengers in a vehicle being used for behind-the-wheel instruction, or the general public;
(f) Possess any unlawful controlled substance or intoxicating beverage or be under the influence of any intoxicating beverages, drugs or controlled substances while training or instruction is being provided to student drivers;
(g) Falsify any document or make a misrepresentation on the application for a school or Instructor Certificate;
(h) Refer any student driver to a particular DMV certified third-party tester or examiner for DMV testing purposes; and
(i) If also certified as a DMV third party tester or examiner, test an applicant for driving privileges if the applicant was enrolled as a student driver at the School.
Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
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